This Court ordered notice before admission on 4-9-2006 and the learned Assistant Government Pleader for Panchayat Raj had taken notice for respondents 1 to 3 and Sri Narayana Rao who entered appearance on behalf of 5th respondent requested time to file counter affidavit.

2. The 5th respondent filed counter affidavit.

3. Sri M. Jagannath Rao, the writ petitioner filed the present Writ Petition praying for a writ of mandamus declaring the inaction of the respondents in not initiating action for disqualification of the 5th respondent for having more than three children born after the year 2000 being illegal, arbitrary, violative of the provisions of A.P. Panchayat Raj Act, 1994 and unconstitutional and consequently to direct the respondents to forthwith disqualify the 5th respondent from being the Sarpanch of Satyavaram Gram Panchayat in, Payakaraopet Mandal of Visakhapatnam District and to pass such other suitable orders.

4. The learned Counsel for the writ petitioner had taken this Court through the averments made in the affidavit filed in support of the Writ Petition and would submit that in the facts and circumstances of the case, the total inaction on the part of respondents 1